S.148: Reassessment – Notice – Issued notice without disposing of assessee’s objections – Breach of principle of natural justice – Reassessment order was quashed .[S. 147, 153A ]
S.148: Reassessment – Notice – Issued notice without disposing of assessee’s objections – Breach of principle of natural justice – Reassessment order was quashed .[S. 147, 153A ]
Direct Tax Vivad Se Vishwas Scheme, 2024
S.2(1)(a): Appellant-time for filing appeal has not expired-[S.91, Art. 226]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Directions of Principal Commissioner, Assessing Officer passed a fresh order-Appeal against fresh assessment order is pending-Order challenging the Revision order is set aside. [S. 143(3), 260A]
S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record-Binding precedent-Decision of High Court is binding on all Income-Tax Authorities under its jurisdiction-Set off of business loss-Failure to follow the order of the Tribunal which is affirmed by the High Court-Mistake apparent on record-Order of the Tribunal is set aside. [S.28(i), 56, 254(1), Art. 226]
S. 254(1) : Appellate Tribunal-Powers-Commissioner (Appeals) did not adjudicate issue on merits-Settlement Commission-Pendency of application-abated-Tribunal condoned the delay and remanded matter back to Commissioner (Appeals) for fresh consideration-Order of Tribunal is affirmed. [S.133A, 245C, 245D, 245F(2), Art. 226]
S. 254(1) : Appellate Tribunal-Powers-Commissioner (Appeals) did not adjudicate issue on merits-Settlement Commission-Pendency of application-abated-Tribunal condoned the delay and remanded matter back to Commissioner (Appeals) for fresh consideration-Order of High Court is affirmed-SLP of Revenue is dismissed. [S.133A, 245C, 245D, 245F(2), Art. 136]
S. 253 : Appellate Tribunal-Appeals-Delay of 680 days-Order of Tribunal dismissing the appeal is affirmed-Payment of employees’ contribution towards PF and ESIC beyond due date-Not allowable as deduction.[S. 36(1)(va),260A]
S. 158BD : Block assessment-Undisclosed income of any other person-Search and Seizure-Recording of satisfaction-Failure to follow the mandatory procedure-Order is bad in law.[S. 132, 158BC, 260A]
S. 154 : Rectification of mistake-Mistake apparent from the record-Surcharge-Application for rectification-Object of Section 154 cannot be defeated by reason of mechanical and technical objections-Records of assessment included financials for years in question and books of account including ledgers.[S. 43B, 260A]
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Faceless Assessment-Ex-parte order-Notice was not in manner provided-Matter remanded. [S. 142(1),144B, 147, 148, 148A(b), 148A(d), Art. 226]